Power of Attorney

I am often asked to draft and notarize documents such as contracts, memorandum of agreements, and most commonly, powers of attorney. This legal document is often required from immigrants here in the US when they have certain transactions in the Philippines that for practical purposes, need an agent who would act on their behalf. Examples of these transactions include selling/buying properties, renewing licenses, banking, pensions, and other transactions that a public or private office requires a power of attorney. Most of the time, there are pre drafted forms already prepared by these offices and in some cases, all the principal needs to do is sign and get the document notarized.

However, keep in mind that a power of attorney is not as simple as it sounds. As a legal document, there are specific requirements that all parties must follow including the notary public. These requirements are set out by the state under which the power of attorney is executed. Each state has its own procedures that must be strictly followed in order to ensure the validity of the power of attorney not only in its substance but also in its form and execution. In New York for example, there are different names and kinds of power of attorneys. Make sure that for your specific needs, you use the right form and follow the correct procedure. You have to ask the notary what form applies in your case and what you need in terms of bringing your witnesses, who signs in front of the notary and what type of ID you need.

Another thing to point out is that make sure that the Philippine office is made aware of your state's laws regarding the validity of the notarized document. They may not recognize your document without a notarial dry seal but there are states that do not mandate the imprint of dry seal and that the notary public's signature is enough to render the validity of the document. The overriding principle is that where the document is properly executed and is rendered as valid in that state / jurisdiction, it is to be accorded with due validity as well anywhere that document is presented.

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The other day, I accompanied a client for his naturalization interview. As is the norm, we arrived earlier than our scheduled appointment, checked in and waited to be called. Thirty minutes passed by our supposed time and we have not been called yet. I told my client that the interviews ahead of us may have been taking so long, thus affecting our turn. One hour passed by and my client was getting anxious already. No word from any representative of the office the reason for such delay. I inquired from the reception window and the receptionist could only say that they are behind schedule. At this time, you could see the level of my client's stress brought about by the waiting and uncertainty. I could only understand him as having an interview is already stressful enough, let alone having to wait for more than an hour. I just reminded him that this is the day we have been waiting for, that we prepared for and nothing can distract him from attaining his dream of becoming a US citizen. When we were finally called, I told him to stay calm, be mindful of his answers, the tone of his voice and not to show any disrespect to the officer. As we settled down, the officer was very apologetic for the delay and that there were some technical issues with her computer which slowed down the prior applicants. After the civics and English exams and the general question, my client passed and was scheduled for his naturalization ceremony at the soonest available date which was two days after.

Lessons to learn from this experience. Expect delays. Keep your composure and never get too stressed out of it. Do not lose focus of the main goal. Be respectful of the staff and the officer interviewing you. You will be rewarded by keeping these positive mindset and actions.